Published on Jun 30, 2014 by Christopher King
In yet another case involving likely banking and foreclosure fraud, an Ohio Judge has refused to reconsider a foreclosure even as sworn affidavits indicate that Bank of America and its agents forged U.S. Mail documents to falsely obtain service.
As I noted two weeks ago homeowner Pattie Busby and her husband Jimmie delved deep into the Court records to see that the Montgomery County Sheriff claims to have personally served her, even though she was recuperating from major internal surgery and eye surgery and never even saw a Sheriff. Moreover, if the Sheriff had served either Ms. Busy or her husband directly, then why were their green cards in the file with signatures that the Busbys claim are false.
Further, why would the Court ignore their request to open the file given these allegations and direct case law from Ohio and Other States that shows when Bank of America settles when told to produce the original documents.
But Ohio Courts have refused to contemplate such an Order so the Busbys have now filed a Mandamus/Write of Prohibition in the Court of Appeals because the Court threw their case out while their pending Chapter 13 bankruptcy case was in Federal Court. The Mandatory Stay provisions were ignored.
But it gets even worse from that point:
The bankruptcy court dismissed the busby’s case because they allegedly did not complete the credit counseling requirement prior to filing.
But in point of fact they HAD completed the credit counseling but a glitch in the system didn’t allow them to print the certificate before filing, so they figured that they could simply provide the certificate within 14 days of filing. But alas, the Certificate, once issued, contained the wrong date and that had to be corrected by the President of the company who did so in this letter:
Unfortunately for the Busbys the Court had already dismissed their case so they filed a Motion for Reconsideration and are awaiting a decision on that.
That is a lot of activity that no one should have to go through, but it is a typical week in the life of an American homeowner seeking to learn the truth about their mortgage.
Frankly, I’m exhausted just reading my own story much less living it.
Christopher King, J.D.